Glass Ceiling Discrimination Blog provides updates and unique analysis about promotion discrimination, sexual harassment, and employment law. It is written by the team of employment lawyers at Zuckerman Law and edited by Eric Bachman, Chair of the Firm's discrimination and retaliation practice.

The financial industry continues to be plagued by a lack of diversity and complaints about harassment and discrimination. For example, according to a 2017 U.S. Government Accountability Office (GAO) report, only 21% of all management positions in the financial sector were held by racial minorities. And this figure dropped to 12% at the senior management level. Although about 45% of all management positions were occupied by women, this number tumbled to 29% in senior management jobs. An increasingly popular step that employers are taking to deal with these issues is to link executive bonuses to how well these senior leaders advance and champion the company’s diversity and anti-discrimination initiatives. And doing so makes sense because if an objective is important, then the company should ensure (1) its employees know about it and (2) that their performance in meeting this goal will be measured along with the company’s other core values and targets.

Fostering greater diversity and preventing harassment and discrimination is more than simply the right thing to do on a broader societal level. Indeed, a business case exists for these initiatives. According to research by McKinsey & Company, achieving these goals correlates with concrete financial improvement:

Our latest research finds that companies in the top quartile for gender or racial and ethnic diversity are more likely to have financial returns above their national industry medians.

. . . there is a linear relationship between racial and ethnic diversity and better financial performance: for every 10 percent increase in racial and ethnic diversity on the senior-executive team, earnings before interest and taxes (EBIT) rise 0.8 percent.

This concept of coupling bonuses with anti-discrimination objectives is taking root in pacesetting companies, including Microsoft, Intel, and Facebook. Perhaps the most recent, high profile example is Uber. Former U.S. Attorney General Eric Holder’s report regarding his investigation of Uber’s sexual harassment problems endorsed the “bonus as carrot” approach. Under this tactic, Uber would incorporate “ethical business practices, diversity and inclusion, and other values from Uber’s Business Code of Conduct into its executive compensation program.”

Some have expressed concerns that linking bonuses to diversity and anti-discrimination efforts may cultivate hiring and promotion quotas. This concern, however, is misplaced. As to hiring, many diversity policies focus on expanding traditional recruitment practices to reach a more diverse pool of applicants, rather than some fixed number of hires by race or gender (which would likely be illegal). And for promotions, company policies and practices on diversity often aim to create robust and effective mentoring programs for all employees.

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Of course, tying bonuses to diversity and anti-discrimination initiatives is but one step in what should be a comprehensive effort to give all employees (and applicants) an equal shot to succeed. Key among these steps is “tone at the top.” That is, how the words and actions of senior leaders in the organization make clear that equal opportunity is a core value/goal of the company that all employees should work towards.

Many of these bonus programs are in the initial stages so it is too early to draw any definitive conclusions on their effectiveness. But these developments bear close attention and it will be very interesting to see the results, as well as other initiatives that may flow from these ideas.

Hiring an experienced employment discrimination lawyer

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in an employment discrimination case. Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases. His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain. Having served as Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.

Bachman is a contributor at Forbes.com and writes frequently on topics related to promotion discrimination, harassment, and other employment discrimination issues at the Glass Ceiling Discrimination Blog.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area. Contact us today to find out how we can help you. To schedule a preliminary consultation, click here or call us at (202) 769-1681 or (202) 262-8959.

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About the author

Eric Bachman litigates employment discrimination, including "glass ceiling," claims as well as whistleblower retaliation cases. He is Chair of the discrimination and retaliation Practices at Zuckerman Law. Previously, Bachman served as Special Litigation Counsel with the U.S. Department of Justice’s Civil Rights Division, and Deputy Special Counsel for Litigation and Legal Affairs with the U.S. Office of Special Counsel.

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